Legal Group Accuses Rhode Island School District of Hiding Student Gender Transitions From Parents

A conservative legal organization has filed a complaint with the U.S. Department of Justice and the Department of Education, accusing Westerly Public Schools in Rhode Island of violating federal civil rights laws through a policy that allegedly permits school officials to facilitate students' gender transitions without parental notification or consent. America First Legal (AFL) submitted the complaint on Tuesday, targeting a transgender student policy adopted by the district in 2017.

According to AFL, the Westerly Public Schools' policy allows for changes to students' names, pronouns, and school records based on their gender identity. The group contends that this practice circumvents parental rights and violates federal statutes such as the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA). The policy reportedly allows students to use bathrooms, locker rooms, and participate in sports according to their gender identity, rather than their biological sex.

The policy's guidance for secondary students states, "Generally, notification to a student’s parent(s)/guardian(s) about their gender identity, expression, or transition is unnecessary, as they are already aware and supportive." However, it also addresses situations where students do not wish for their parents to be aware of their transgender status. In such cases, the guidance suggests schools must balance supporting the student with the desire to keep parents informed, and if notifying the family carries risks for the student, schools should seek direction from the superintendent and work with the student to determine the degree of family involvement.

America First Legal also asserts that the policy violates Title IX by permitting students to use facilities and participate in activities based on gender identity, potentially impacting the privacy, safety, and athletic opportunities of female students. The group is urging federal authorities to investigate the district and ensure compliance with federal laws, including parental notification requirements.

The complaint draws parallels to a previous Trump administration lawsuit against Kansas City Public Schools over similar allegations of undisclosed student gender transitions and violations of FERPA and PPRA. AFL has previously developed resources to assist parents in using PPRA to hold schools accountable.

A spokesperson for the Department of Justice stated that the department has received the complaint and will review it, affirming a commitment to enforcing Title IX and protecting parents' rights in directing their children's upbringing and education. The Department of Education indicated that it does not confirm complaints. Westerly Public Schools were contacted for comment.